SAN DIEGO – A La Mesa restaurant is alleged to not have accessible parking for patrons with disabilities.
Scott Schutza filed a complaint on March 20 in the U.S. District Court for the Southern District of California against Manuel Lopez, Marieta's Restaurant Group Inc. and Does 1-10 citing the Americans with Disabilities Act and the Unruh Civil Rights Act.
According to the complaint, the plaintiff is a paraplegic and wheelchair user and visited the defendants' La Mesa restaurant in July and August 2016 and February 2017 to eat. He alleges the restaurant did not have compliant, accessible handicap parking spaces.
The plaintiff holds Manuel Lopez, Marieta's Restaurant Group, Inc. and Does 1-10 responsible because the defendants allegedly failed to make reasonable modifications in policies, practices, or procedures; failed to remove architectural barriers; and failed to make alterations to portions of the facility.
The plaintiff seeks judgment against defendants, injunctive relief, actual damages, attorney's fees, litigation expenses and costs of suit. He is represented by Chris Carson, Raymond Ballister Jr., Phyl Grace and Dennis Price of Center for Disability Access in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-00568